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(영문) 제주지방법원 2016.09.29 2016고단1159

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 1, 2016, around 05:39, the Defendant asked to refund the drinking value to the Defendant because he did not have a string or drinking because the proprietor, who was under the influence of alcohol, went home due to the end of business hours.

Accordingly, the defendant was demanded to return home from the police officer of the Jeju East Police Station D police station of the Jeju East Police Station, who was called upon 112 report, and the defendant assaulted the above E with the face face of the head while he expressed his desire to "I am the fye."

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime by assaulting a police officer’s face while performing official duties, such as taking the face of the police officer, etc., and the nature of such crime is bad, and that it is necessary to strictly punish the Defendant with regard to the crime against public authority, such as interfering with the performance of official duties, in order to establish national legal order and eradicate the light of public authority.

However, in light of the fact that the defendant is led to the crime of this case, there is no record of punishment for the same kind of crime, the amount of punishment in a similar case, and the age, sexual conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.